Kinds of Negligence

Introduction

Negligence may occur in different ways depending on who contributed to the harm. In some cases, the injured person may also be partly responsible for the accident. In other cases, the negligence of two or more defendants may cause the injury.

The law therefore recognises different kinds of negligence to determine how liability (legal responsibility) should be fixed.

Meaning / Definition

Kinds of negligence refer to the different situations in which negligence may arise based on who contributed to the harm.

The two important types are:

• Contributory negligence – where the plaintiff’s own lack of care contributes to the injury.
• Composite negligence – where two or more defendants are negligent and together cause harm to the plaintiff.

Modes or Types

Contributory Negligence

Contributory negligence occurs when the plaintiff’s own failure to take reasonable care contributes to the injury suffered.

It does not mean that the plaintiff owed a duty to the defendant. It simply means that the plaintiff did not take proper care for his own safety.

Example situations include:

• A pedestrian suddenly crossing the road without looking and getting hit by a vehicle.
• A passenger agreeing to travel on the roof of a bus and getting injured.

At common law, contributory negligence was a complete defence, meaning the plaintiff could not recover any damages if he was partly at fault.

Later, courts developed the Last Opportunity (Last Chance) Rule, which stated that the person who had the last chance to avoid the accident would be liable.

Modern law has moved towards apportionment of damages, meaning compensation is reduced according to the plaintiff’s share of fault.

For example, if the plaintiff is 50% responsible for the accident, the compensation may be reduced by 50%.

Children may not easily be held guilty of contributory negligence unless they are capable of understanding the danger.

Composite Negligence

Composite negligence occurs when the negligence of two or more persons together causes damage to a third person.

In this case:

• The plaintiff is not negligent.
• Two or more defendants are responsible for the harm.

The persons responsible are called composite tortfeasors (persons jointly responsible for a wrongful act).

Composite negligence is not a defence. The plaintiff can claim full compensation from any one of the negligent parties, and those parties may later settle the contribution among themselves.

Important Case Law

Yachuk v. Oliver Blais Co. Ltd

Two boys aged seven and nine bought gasoline by falsely claiming it was for their mother’s car. They used it for play and one boy was injured. The defendant was held liable because the boys were too young to understand the danger.

Davies v. Mann

The plaintiff left his donkey tied on the highway. The defendant drove his wagon at a fast speed and ran over the donkey. Although the plaintiff was negligent, the defendant had the last opportunity to avoid the accident, and therefore he was held liable.

British Columbia Electric Co. v. Loach

The court explained the idea of constructive last opportunity, meaning a defendant may still be liable if he would have had the last opportunity to avoid the accident but for his own negligence.

Distinction / Comparison

Contributory Negligence vs Composite Negligence

Contributory Negligence

• Both the plaintiff and defendant are negligent.
• The plaintiff’s negligence contributes to his own injury.
• It acts as a defence that reduces the defendant’s liability.

Composite Negligence

• Two or more defendants are negligent.
• The plaintiff is not negligent.
• It is not a defence; defendants remain fully liable to the plaintiff.

Practical Example

Suppose two vehicles collide due to careless driving by both drivers, and a pedestrian on the road is injured.

The pedestrian has not acted negligently. Therefore, this is a case of composite negligence, and the pedestrian may claim full compensation from either driver.

However, if the pedestrian suddenly runs onto the road without looking and is hit by a vehicle, the case may involve contributory negligence, and the compensation may be reduced.

Summary

• Negligence may occur in different forms depending on who contributed to the harm.
• Contributory negligence arises when the plaintiff’s own carelessness contributes to the injury.
• Earlier it was a complete defence, but modern law reduces damages according to the plaintiff’s share of fault.
• Composite negligence occurs when two or more defendants together cause harm to a plaintiff who is not at fault.
• In composite negligence, the plaintiff can claim full compensation from any of the negligent defendants.